A step by step guide to obtaining a separation agreement
A separation agreement (known as a binding financial agreement (or BFA) under the Family Law Act) is a legally binding document that formalises your property settlement. As a separation...
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How is property divided after separation in Australia?
Introduction If you and your partner or spouse separate, it is important you understand how your respective property, including any assets, debts, and superannuation, are divided in a property...
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Post-Separation Earnings Are Included in a Property Settlement – So don’t delay!
Why shouldn’t you delay your property settlement? In the case of Trask & Westlake FamCASC 160 (14 August 2015), which was an appeal from a single judge to...
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What is Parental Responsibility and who has it?
The parent of a child has parental responsibility for that child regardless of whether the parents have separated or remain in a relationship. The Law in this area defines...
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Lottery Winnings & Property Settlements – Who gets the winnings?
If you win a lottery, are the lottery winnings an asset that the Family Court should adjust between you and your spouse post separation? The answer is generally “yes”…...
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Legal Recognition of Same Sex Couples
Same Sex Relationships – Children & Surrogacy Family Law Issues In 1999, the Government amended the Property (Relationships) Act NSW to include same sex relationships within the definition of...
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Is your company at risk in your family law proceedings?
It is not uncommon for a couple’s “assets” to include a company. It is quite common for that company to hold assets such as a business and/or commercial properties. ...
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Can a Trustee in Bankruptcy take your share of the house in family law property proceedings?
The short answer is ‘it depends’. Upon bankruptcy, the bankrupt’s property vests in the trustee. If one spouse of the marriage is an undischarged bankrupt the trustee in bankruptcy...
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World 1st: Australian Judge Defines Conception
When Does Conception Begin? In a world first, a Brisbane judge has made a ruling on conception that is set to have a significant impact on parents in Queensland...
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Who is your child’s Guardian?
Guardians of Children Drafting a Will for the parents of young children raises the issue of the appointment of guardians for those children. Barry and Barbara have two children...
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